More than 100 condemned prisoners had their sentences overturned by a federal court that ruled only juries - not judges alone - can choose between life and death.
The 9th U.S. Circuit Court of Appeals on Tuesday extended a 2002 decision by the U.S. Supreme Court that found nonjury sentences unconstitutional. The appeals court applied the ruling retroactively to death row inmates in Arizona, Idaho and Montana.
The decision affects only those three states - all under the 9th Circuit's jurisdiction - but death penalty opponents hoped it might be extended to Nebraska and Colorado, two states with similar laws but under different jurisdiction.
Michael Donahoe, a federal public defender with a client among those condemned inmates, called the decision groundbreaking and predicted it would spark a host of death-row appeals. "It's going to apply and everybody's going to have a right to argue it," he said.
a second chance